[Federal Register Volume 76, Number 111 (Thursday, June 9, 2011)]
[Notices]
[Pages 33705-33721]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-14331]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
RIN 0648-XA255
Takes of Marine Mammals Incidental to Specified Activities;
Marine Geophysical Survey in the Central Gulf of Alaska, June 2011
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice; issuance of an incidental take authorization (ITA).
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SUMMARY: In accordance with the Marine Mammal Protection Act (MMPA)
regulation, notification is hereby given that NMFS has issued an
Incidental Harassment Authorization (IHA) to the U.S. Geological Survey
(USGS) to take marine mammals, by Level B harassment, incidental to
conducting a marine geophysical survey in the central Gulf of Alaska
(GOA), June 2011.
DATES: Effective June 5 through July 25, 2011.
ADDRESSES: A copy of the IHA and application are available by writing
to P. Michael Payne, Chief, Permits, Conservation and Education
Division, Office of Protected Resources, National Marine Fisheries
Service, 1315 East-West Highway, Silver Spring, MD 20910 or by
telephoning the contacts listed here.
A copy of the application containing a list of the references used
in this document may be obtained by writing to the above address,
telephoning the contact listed here (see FOR FURTHER INFORMATION
CONTACT) or visiting the Internet at: http://www.nmfs.noaa.gov/pr/permits/incidental.htm#applications. The following associated documents
are also available at the same Internet address: Environmental
Assessment (EA), prepared by USGS. The NMFS Biological Opinion will be
available online at: http://www.nmfs.noaa.gov/pr/consultation/opinions.htm. Documents
[[Page 33706]]
cited in this notice may be viewed, by appointment, during regular
business hours, at the aforementioned address.
FOR FURTHER INFORMATION CONTACT: Howard Goldstein or Jolie Harrison,
Office of Protected Resources, NMFS, 301-713-2289, ext. 172.
SUPPLEMENTARY INFORMATION:
Background
Section 101(a)(5)(D) of the MMPA (16 U.S.C. 1371 (a)(5)(D)) directs
the Secretary of Commerce (Secretary) to authorize, upon request, the
incidental, but not intentional, taking of small numbers of marine
mammals of a species or population stock, by United States citizens who
engage in a specified activity (other than commercial fishing) within a
specified geographical region if certain findings are made and, if the
taking is limited to harassment, a notice of a proposed authorization
is provided to the public for review.
Authorization for the incidental taking of small numbers of marine
mammals shall be granted if NMFS finds that the taking will have a
negligible impact on the species or stock(s), and will not have an
unmitigable adverse impact on the availability of the species or
stock(s) for subsistence uses (where relevant). The authorization must
set forth the permissible methods of taking, other means of effecting
the least practicable adverse impact on the species or stock and its
habitat, and requirements pertaining to the mitigation, monitoring and
reporting of such takings. NMFS has defined ``negligible impact'' in 50
CFR 216.103 as ``* * * an impact resulting from the specified activity
that cannot be reasonably expected to, and is not reasonably likely to,
adversely affect the species or stock through effects on annual rates
of recruitment or survival.''
Section 101(a)(5)(D) of the MMPA established an expedited process
by which citizens of the United States can apply for an authorization
to incidentally take small numbers of marine mammals by harassment.
Section 101(a)(5)(D) of the MMPA establishes a 45-day time limit for
NMFS's review of an application followed by a 30-day public notice and
comment period on any proposed authorizations for the incidental
harassment of small numbers of marine mammals. Within 45 days of the
close of the public comment period, NMFS must either issue or deny the
authorization. Except with respect to certain activities not pertinent
here, the MMPA defines ``harassment'' as:
any act of pursuit, torment, or annoyance which (i) has the
potential to injure a marine mammal or marine mammal stock in the
wild [Level A harassment]; or (ii) has the potential to disturb a
marine mammal or marine mammal stock in the wild by causing
disruption of behavioral patterns, including, but not limited to,
migration, breathing, nursing, breeding, feeding, or sheltering
[Level B harassment].
16 U.S.C. 1362(18)
Summary of Request
NMFS received an application on January 21, 2011, from USGS for the
taking by harassment, of marine mammals, incidental to conducting a
marine geophysical survey in the central GOA within the U.S. Exclusive
Economic Zone (EEZ) and adjacent international waters in depths from
approximately 2,000 meters (m) (6,561.7 feet [ft]) to greater than
6,000 m (19,685 ft). USGS plans to conduct the survey from
approximately June 5 to 25, 2011. On April 1, 2011, NMFS published a
notice in the Federal Register (76 FR 18167) disclosing the effects on
marine mammals, making preliminary determinations and including a
proposed IHA. The notice initiated a 30-day public comment period.
USGS plans to use one source vessel, the R/V Marcus G. Langseth
(Langseth) and a seismic airgun array to collect seismic reflection and
refraction profiles to be used to delineate the U.S. Extended
Continental Shelf (ECS) in the GOA. In addition to the operations of
the seismic airgun array, USGS intends to operate a multibeam
echosounder (MBES) and a sub-bottom profiler (SBP) continuously
throughout the survey.
Acoustic stimuli (i.e., increased underwater sound) generated
during the operation of the seismic airgun array may have the potential
to cause a short-term behavioral disturbance for marine mammals in the
survey area. This is the principal means of marine mammal taking
associated with these activities and USGS has requested an
authorization to take 13 species of marine mammals by Level B
harassment. Take is not expected to result from the use of the MBES or
SBP, for reasons discussed in this notice; nor is take expected to
result from collision with the vessel because it is a single vessel
moving at a relatively slow speed during seismic acquisition within the
survey, for a relatively short period of time (approximately 21 days).
It is likely that any marine mammal would be able to avoid the vessel.
Description of the Specified Activity
USGS's planned seismic survey in the central GOA is between
approximately 200 to 650 kilometers (km) (108 to 351 nautical miles
[nmi]) offshore in the area 53 to 57[deg] North, 135 to 148[deg] West
(see Figure 1 of the IHA application). Water depths in the survey area
range from approximately 2,000 m (6,561.7 ft) to greater than 6,000 m
(19,685 ft). The project is scheduled to occur from approximately June
5 to 25, 2011. Some minor deviation from these dates is possible,
depending on logistics and weather.
The seismic survey will collect seismic reflection and refraction
profiles to be used to delineate the U.S. ECS in the GOA. The ECS is
the region beyond 200 nmi where a nation can show that it satisfies the
conditions of Article 76 of the United Nations Convention on the Law of
the Sea. One of the conditions in Article 76 is a function of sediment
thickness. The seismic profiles are designed to identify the
stratigraphic ``basement'' and to map the thickness of the overlying
sediments. Acoustic velocities (required to convert measured travel
times to true depth) will be measured directly using sonobuoys and
ocean-bottom seismometers (OBSs), as well as by analysis of hydrophone
streamer data. Acoustic velocity refers to the velocity of sound
through sediments or crust.
The survey will involve one source vessel, the Langseth. The
Langseth will deploy an array of 36 airguns as an energy source. The
receiving system will consist of one 8 km (4.3 nmi) long hydrophone
streamer and/or five OBSs. As the airgun is towed along the survey
lines, the hydrophone streamer will receive the returning acoustic
signals and transfer the data to the on-board processing system. The
OBSs record the returning acoustic signals internally for later
analysis.
The planned seismic survey (e.g., equipment testing, startup, line
changes, repeat coverage of any areas, and equipment recovery) will
consist of approximately 2,840 km (1,533.5 nmi) of transect lines in
the central GOA survey area (see Figure 1 of the IHA application), with
an additional 140 km (75.6 nmi) of turns. The 36 airgun array (6,600
in\3\) will be powered-down to one airgun (40 in\3\) during turns. All
of the survey will take place in water deeper than 1,000 m (3,280.8
ft). A multi-channel seismic (MCS) survey using the hydrophone streamer
will take place along 17 MCS profile lines and 2 OBS lines. Following
the MCS survey, five OBSs will be deployed and a refraction survey will
take place along one of the 11 lines. If time permits, an additional
340 km (183.6 nmi) contingency line will be added to the MCS survey. In
addition to the operations of the airgun array, a Kongsberg EM 122 MBES
and Knudsen 320B SBP will also be
[[Page 33707]]
operated from the Langseth continuously throughout the cruise. There
will be additional seismic operations associated with equipment
testing, start-up, and possible line changes or repeat coverage of any
areas where initial data quality is sub-standard. In USGS's
calculations, 25% has been added for those additional operations.
All planned geophysical data acquisition activities will be
conducted by Lamont-Doherty Earth Observatory (L-DEO), the Langseth's
operator, with on-board assistance by the scientists who have planned
the study. The Principal Investigators are Drs. Jonathan R. Childs and
Ginger Barth of the USGS. The vessel will be self-contained, and the
crew will live aboard the vessel for the entire cruise.
Description of the Dates, Duration, and Specified Geographic Region
The survey will occur in the central GOA, between approximately 200
and 650 km offshore, in the area 53 to 57[deg] North, 135 to 148[deg]
West. The seismic survey will take place in water depths of 2,000 to
greater than 6,000 m. The exact dates of the activities depend on
logistics and weather conditions. The Langseth will depart from Dutch
Harbor, Alaska on June 5, 2011, and return there on June 25, 2011.
Seismic operations will be carried out for an estimated 12 to 14 days.
NMFS outlined the purpose of the program in a previous notice for
the proposed IHA (76 FR 18167, April 1, 2011). The activities to be
conducted have not changed between the proposed IHA notice and this
final notice announcing the issuance of the IHA. For a more detailed
description of the authorized action, including vessel and acoustic
source specifications, the reader should refer to the proposed IHA
notice (76 FR 18167, April 1, 2011), the IHA application and associated
documents referenced above this section.
Comments and Responses
A notice of receipt of the USGS application and proposed IHA was
published in the Federal Register on April 1, 2011 (76 FR 18167).
During the 30-day public comment period, NMFS received comments from
the Marine Mammal Commission (Commission) only. The Commission's
comments are online at: http://www.nmfs.noaa.gov/pr/permits/incidental.htm. Following are their comments and NMFS's responses:
Comment 1: The Commission recommends that the NMFS require the USGS
to re-estimate the proposed exclusion and buffer zones and associated
takes of marine mammals using site-specific information.
Response: In the water depths that the survey is to be conducted,
site-specific source signature measurements are neither warranted nor
practical. Site signature measurements are normally conducted
commercially by shooting a test pattern over an ocean bottom instrument
in shallow water. This method is neither practical nor valid in water
depths as great as 2,000 m (6,561.7 ft). The alternative method of
conducting site-specific attenuation measurements would require a
second vessel, which is impractical both logistically and financially.
Sound propagation is going to vary notably less between deep water
sites than it would between shallow water sites (because of the reduced
significance of bottom interaction), thus decreasing the importance of
site-specific estimates.
Should the action agency endeavor to undertake a sound source
verification study, confidence in the results is necessary in order to
ensure for conservation purposes that appropriate monitoring and
mitigation measures are implemented; therefore inappropriate or poorly
executed efforts should be avoided and discouraged.
Based on these reasons, and the information provided by USGS in
their IHA application and EA, NMFS is satisfied that the data supplied
are sufficient for NMFS to conduct its analysis and make any
determinations and therefore no further effort is needed by the
applicant. While exposures of marine mammals to acoustic stimuli are
difficult to estimate, NMFS is confident that the levels of take
authorized herein are estimated based upon the best available
scientific information and estimation methodology. The 160 dB zone used
to estimate exposure is appropriate and sufficient for purposes of
supporting NMFS's analysis and determinations required under section
101(a)(5)(D) of the MMPA and its implementing regulations. See NMFS's
response to Comment 2 (below) for additional details.
Comment 2: The Commission recommends that if site-specific
information is not used to estimate the proposed exclusion and buffer
zones and associated takes of marine mammals, the USGS provide a
detailed justification for basing the exclusion and buffer zones for
the proposed survey in the GOA on empirical data collected in the GOM
or on modeling that uses measurements from the GOM and that explains
the significance of any deviations in survey method, such as the
proposed change in tow depth.
Response: USGS has revised Appendix A in the EA to include
information from the calibration study conducted on the Langseth in
2007 and 2008. This information is now available in the final EA on
USGS's Web site at http://walrus.wr.usgs.gov/EA/ECS_EA/ as well as on
NSF's Web site at http://www.nsf.gov/geo/oce/envcomp/index.jsp. The
revised Appendix A describes the L-DEO modeling process and compares
the model results with empirical results of the 2007 to 2008 Langseth
calibration experiment in shallow, intermediate, and deep water. The
conclusions identified in Appendix A show that the model represents the
actual produced levels, particularly within the first few kms, where
the predicted exclusion zones (EZs, i.e., safety radii) lie. At greater
distances, local oceanographic variations begin to take effect, and the
model tends to over predict. Further, since the modeling matches the
observed measurement data, the authors have concluded that the models
can continue to be used for defining EZs, including for predicting
mitigation radii for various tow depths. The data results from the
studies were peer reviewed and the calibration results, viewed as
conservative, were used to determine the cruise-specific EZs.
At present, the L-DEO model does not account for site-specific
environmental conditions. The calibration study of the L-DEO model
predicted that using site-specific information may actually provide
less conservative EZ radii at greater distances. The Draft Programmatic
Environmental Impact Statement for Marine Seismic Research Funded by
the National Science Foundation or Conducted by the U.S. Geological
Survey (DPEIS) prepared pursuant to the National Environmental Policy
Act (NEPA; 42 U.S.C. 4321 et seq.) did incorporate various site-
specific environmental conditions in the modeling of the Detailed
Analysis Areas. The NEPA process associated with the DPEIS is still
ongoing and the USGS and NSF have not yet issued a Record of Decision.
Once the NEPA process for the PEIS has concluded, USGS and/or NSF will
look at upcoming cruises on a site-specific basis for any impacts not
already considered in the DPEIS.
The IHA issued to USGS, under section 101(a)(5)(D) of the MMPA
provides monitoring and mitigation requirements that will protect
marine mammals from injury, serious injury, or mortality. USGS is
required to comply with the IHA's requirements. These analyses are
supported by extensive scientific research and data. NMFS is
[[Page 33708]]
confident in the peer-reviewed results of the L-DEO seismic calibration
studies which, although viewed as conservative, are used to determine
cruise-specific EZs and which factor into exposure estimates. NMFS has
determined that these reviews are the best scientific data available
for review of the IHA application and to support the necessary analyses
and determinations under the MMPA, Endangered Species Act (ESA; 16
U.S.C. 1531 et seq.) and NEPA.
Based on NMFS's analysis of the likely effects of the specified
activity on marine mammals and their habitat, NMFS has determined that
the EZs identified in the IHA are appropriate for the survey and that
additional field measurement is not necessary at this time. While
exposures of marine mammals to acoustic stimuli are difficult to
estimate, NMFS is confident that the levels of take authorized herein
are estimated based upon the best available scientific information and
estimation methodology. The 160 dB zone used to estimate exposure are
appropriate and sufficient for purposes of supporting NMFS's analysis
and determinations required under section 101(a)(5)(D) of the MMPA and
its implementing regulations.
Comment 3: The Commission recommends that the NMFS specify in the
authorization all conditions under which an 8 min period could be
followed by a resumption of the airguns at full power.
Response: In the instance of a power-down or shut-down based on the
presence of a marine mammal in the EZ, USGS will restart the airgun
array to the full operating source level (i.e., 36 airguns 6,600 cubic
inches [in\3\]) only if the PSVO visually observes the marine mammal
exiting the EZ for the full source level within an 8 min period of the
shut-down or power-down. The 8 min period is based on the 180 dB radius
for the 36 airgun subarray at a depth of 9 m in relation to the minimum
planned speed of the Langseth while shooting (8.5 km/hr [4.6 kts]). In
the event that a marine mammal would re-enter the EZ after reactivating
the airguns, USGS would reinitiate a shut-down or power-down as
required by the IHA.
Should the airguns be inactive or powered-down for more than 8 min,
and the PSVO does not observe the marine mammal leaving the EZ, then
USGS must wait 15 min (for small odontocetes and pinnipeds) or 30 min
(for mysticetes and large odontocetes) after the last sighting before
USGS can initiate ramp-up procedures. However, ramp-up will not occur
as long as a marine mammal is detected within the EZ, which provides
more time for animals to leave the EZ, and accounts for the position,
swim speed, and heading for marine mammals within the EZ.
Finally, USGS may need to temporarily perform a shut-down due to
equipment failure or maintenance. In this instance, USGS will restart
the airgun array to the full source level within an 8 min period of the
shut down only if the PSVOs do not observe marine mammals within the EZ
for the full source level. If the airguns are inactive or powered-down
for more than 8 min, then USGS would follow the ramp-up procedures
required by the IHA. USGS would restart the airguns beginning with the
smallest airgun in the array and add airguns in a sequence such that
the source level of the array does not exceed approximately 6 decibels
(dB) per 5 min period over a total duration of approximately 30 min.
Again, the PSVOs would monitor the EZs for marine mammals during this
time and would initiate a power-down or a shut-down, as required by the
IHA.
Comment 4: The Commission recommends that the NMFS extend the 30
min period following a marine mammal sighting in the EZ to cover the
full dive times of all species likely to be encountered.
Response: NMFS recognizes that several species of deep-diving
cetaceans are capable of remaining underwater for more than 30 min
(e.g., sperm whales, Cuvier's beaked whales, Baird's beaked whales);
however, for the following reasons NMFS believes that 30 min is an
adequate length for the monitoring period prior to the ramp-up of
airguns:
(1) Because the Langseth is required to monitor before ramp-up of
the airgun array, the time of monitoring prior to start-up of any but
the smallest array is effectively longer than 30 min (ramp-up will
begin with the smallest airgun in the array and airguns will be added
in sequence such that the source level of the array will increase in
steps not exceeding approximately 6 dB per 5 min period over a total
duration of 20 to 30 min;
(2) In many cases PSVOs are observing during times when USGS is not
operating the seismic airguns and would observe the area prior to the
30 min observation period;
(3) The majority of the species that may be exposed do not stay
underwater more than 30 min; and
(4) All else being equal and if deep-diving individuals happened to
be in the area in the short time immediately prior to the pre-ramp-up
monitoring, if an animal's maximum underwater dive time is 45 min, then
there is only a one in three chance that the last random surfacing
would occur prior to the beginning of the required 30 min monitoring
period and that the animal would not be seen during that 30 min period.
Finally, seismic vessels are moving continuously (because of the
long, towed array and streamer) and NMFS believes that unless the
animal submerges and follows at the speed of the vessel (highly
unlikely, especially when considering that a significant part of their
movements is vertical [deep-diving]), the vessel will be far beyond the
length of the EZ radii within 30 min, and therefore it will be safe to
start the airguns again.
The effectiveness of monitoring is science-based and the
requirement is that monitoring and mitigation measures be
``practicable.'' NMFS believes that the framework for visual monitoring
will: (1) Be effective at spotting almost all species for which take is
requested; and (2) that imposing additional requirements, such as those
suggested by the Commission, would not meaningfully increase the
effectiveness of observing marine mammals approaching or entering the
EZs and thus further minimize the potential for take.
Comment 5: The Commission recommends that the NMFS provide
additional justification for its preliminary determination that the
proposed monitoring program will be sufficient to detect, with a high
level of confidence, all marine mammals within or entering the
identified exclusion and buffer zones, which at a minimum should:
(1) Identify those species that it believes can be detected with a
high degree of confidence using visual monitoring only;
(2) Describe detection probability as a function of distance from
the vessel;
(3) Describe changes in detection probability under various sea
state and weather conditions and light levels; and
(4) Explain how close to the vessel marine mammals must be for
Protected Species Observers (PSOs) to achieve high nighttime detection
rates.
Response: NMFS believes that the planned monitoring program will be
sufficient to detect (using visual monitoring and passive acoustic
monitoring [PAM]), with reasonable certainty, marine mammals within or
entering identified EZs. This monitoring, along with the required
mitigation measures, will result in the least practicable adverse
impact on the affected species or stocks and will result in a
negligible impact on the affected species or stocks of marine mammals.
[[Page 33709]]
Also, NMFS expects some animals to avoid areas around the airgun area
ensonified at the level of the EZ.
NMFS acknowledges that the detection probability for certain
species of marine mammals varies depending on animal size and behavior
as well as sea state and weather conditions and light levels. The
detectability of marine mammals likely decreases in low light (i.e.,
darkness), higher Beaufort sea states and wind conditions, and poor
weather (e.g., fog and/or rain). However, at present, NMFS views the
combination of visual monitoring and PAM as the most effective
monitoring and mitigation techniques available for detecting marine
mammals within or entering the EZ. The final monitoring and mitigation
measures are the most effective feasible measures and NMFS is not aware
of any additional measures which could meaningfully increase the
likelihood of detecting marine mammals in and around the EZ. Further,
public comment has not revealed any additional monitoring or mitigation
measures that could be feasibly implemented to increase the
effectiveness of detection.
USGS (the Federal funding agency for this survey), NSF, and L-DEO
are receptive to incorporating proven technologies and techniques to
enhance the current monitoring and mitigation program. Until proven
technological advances are made, nighttime mitigation measures during
operations include combinations of the use of Protected Species Visual
Observers (PSVOs) for ramp-ups, PAM, night vision devices (NVDs), and
continuous shooting of a mitigation airgun. Should the airgun array be
powered-down, the operation of a single airgun would continue to serve
as a sound source deterrent to marine mammals. In the event of a
complete shut-down of the airgun array at night for mitigation or
repairs, USGS suspends the data collection until one-half hour after
nautical twilight-dawn (when PSVOs are able to clear the EZ). USGS will
not activate the airguns until the entire EZ is visible for at least 30
min.
In cooperation with NMFS, L-DEO will be conducting efficacy
experiments of NVDs during a future Langseth cruise. In addition, in
response to a recommendation from NMFS, L-DEO is evaluating the use of
handheld forward-looking thermal imaging cameras to supplement
nighttime monitoring and mitigation practices. During other low power
seismic and seafloor mapping surveys, USGS successfully used these
devices while conducting nighttime seismic operations.
Comment 6: The Commission recommends that the NMFS consult with the
funding agency (i.e., NSF) and individual applicants (e.g., USGS and L-
DEO) to develop, validate, and implement a monitoring program that
provides a scientifically sound, reasonably accurate assessment of the
types of marine mammal taking and the number of marine mammals taken.
Response: Numerous studies have reported on the abundance and
distribution of marine mammals inhabiting the GOA, which overlaps with
the seismic survey area, and USGS has incorporated this data into their
analyses used to predict marine mammal take in their application. NMFS
believes that USGS's current approach for estimating abundance in the
survey area (prior to the survey) is the best available approach.
There will be significant amounts of transit time during the
cruise, and PSVOs will be on watch prior to and after the seismic
portions of the survey, in addition to during the survey. The
collection of this visual observational data by PSVOs may contribute to
baseline data on marine mammals (presence/absence) and provide some
generalized support for estimated take numbers, but it is unlikely that
the information gathered from this single cruise alone would result in
any statistically robust conclusions for any particular species because
of the small number of animals typically observed.
NMFS acknowledges the Commission's recommendations and is open to
further coordination with the Commission, USGS (the Federal research
funding agency for this cruise), NSF (the vessel owner), and L-DEO (the
ship operator on behalf of NSF), to develop, validate, and implement a
monitoring program that will provide or contribute towards a more
scientifically sound and reasonably accurate assessment of the types of
marine mammal taking and the number of marine mammals taken. However,
the cruise's primary focus is marine geophysical research and the
survey may be operationally limited due to considerations such as
location, time, fuel, services, and other resources.
Comment 7: The Commission recommends that NMFS require the
applicant:
(1) To report on the number of marine mammals that were detected
acoustically and for which a power-down or shut-down of the airguns was
initiated;
(2) Specify if such animals also were detected visually; and
(3) Compare the results from the two monitoring methods (visual
versus acoustic) to help identify their respective strengths and
weaknesses.
Response: The IHA requires that PSAOs on the Langseth do and record
the following when a marine mammal is detected by the PAM:
(i) Notify the on-duty PSVO(s) immediately of a vocalizing marine
mammal so a power-down or shut-down can be initiated, if required;
(ii) Enter the information regarding the vocalization into a
database. The data to be entered include an acoustic encounter
identification number, whether it was linked with a visual sighting,
date, time when first and last heard and whenever any additional
information was recorded, position, and water depth when first
detected, bearing if determinable, species or species group (e.g.,
unidentified dolphin, sperm whale), types and nature of sounds heard
(e.g., clicks, continuous, sporadic, whistles, creaks, burst pulses,
strength of signal, etc.), and any other notable information.
USGS reports on the number of acoustic detections made by the PAM
system within the post-cruise monitoring reports as required by the
IHA. The report also includes a description of any acoustic detections
that were concurrent with visual sightings, which allows for a
comparison of acoustic and visual detection methods for each cruise.
The post-cruise monitoring reports also include the following
information: the total operational effort in daylight (hrs), the total
operation effort at night (hrs), the total number of hours of visual
observations conducted, the total number of sightings, and the total
number of hours of acoustic detections conducted.
LGL Ltd., Environmental Research Associates (LGL), a contractor for
USGS, has processed sighting and density data, and their publications
can be viewed online at: http://www.lgl.com/index.php?option=com_content&view=article&id=69&Itemid=162&lang=en. Post-cruise monitoring
reports are currently available on the NMFS's MMPA Incidental Take
Program Web site and future reports will also be available on the NSF
Web site should there be interest in further analysis of this data by
the public.
Comment 8: The Commission recommends that NMFS condition the
authorization, if issued, to require the USGS to monitor, document, and
report observations during all ramp-up procedures; this data will
provide a stronger scientific basis for determining the effectiveness
of and deciding when to implement this particular mitigation measure.
[[Page 33710]]
Response: The IHA requires that PSVOs on the Langseth make
observations for 30 min prior to ramp-up, during all ramp-ups, and
during all daytime seismic operations and record the following
information when a marine mammal is sighted:
(i) Species, group size, age/size/sex categories (if determinable),
behavior when first sighted and after initial sighting, heading (if
consistent), bearing and distance from seismic vessel, sighting cue,
apparent reaction of the airguns or vessel (e.g., none, avoidance,
approach, paralleling, etc., and including responses to ramp-up), and
behavioral pace; and
(ii) Time, location, heading, speed, activity of the vessel
(including number of airguns operating and whether in state of ramp-up
or power-down), Beaufort wind force and sea state, visibility, and sun
glare.
Comment 9: The Commission recommends that NMFS in collaboration
with the NSF, analyze these data to determine the effectiveness of
ramp-up procedures as a mitigation measure for geophysical surveys.
Response: One of the primary purposes of monitoring is to result in
``increased knowledge of the species'' and the effectiveness of
monitoring and mitigation measures; the effectiveness of ramp-up as a
mitigation measure and marine mammal reaction to ramp-up would be
useful information in this regard. NMFS has asked USGS, NSF, and L-DEO
to gather all data that could potentially provide information regarding
the effectiveness of ramp-ups as a mitigation measure. However,
considering the low numbers of marine mammal sightings and low numbers
of ramp-ups, it is unlikely that the information will result in any
statistically robust conclusions for this particular seismic survey.
Over the long term, these requirements may provide information
regarding the effectiveness of ramp-up as a mitigation measure,
provided animals are detected during ramp up.
Description of the Marine Mammals in the Area of the Proposed Specified
Activity
Twenty-five marine mammal species (18 cetacean, 6 pinniped, and the
sea otter) are known to or could occur in the GOA. Several of these
species are listed as endangered under the U.S. Endangered Species Act
of 1973 (ESA; 16 U.S.C. 1531 et seq.), including the North Pacific
right whale (Eubalaena japonica), humpback (Megaptera novaeangliae),
sei (Balaenoptera borealis), fin (Balaenoptera physalus), blue
(Balaenoptera musculus), and sperm (Physeter macrocephalus) whales, as
well as the Cook Inlet distinct population segment (DPS) of beluga
whales (Dephinapterus leucas) and the western stock of Steller sea
lions (Eumetopias jubatus). The eastern stock of Steller sea lions is
listed as threatened, as is the southwest Alaska DPS of the sea otter
(Enhydra lutris).
The marine mammals that occur in the survey area belong to four
taxonomic groups: odontocetes (toothed cetaceans, such as dolphins),
mysticetes (baleen whales), pinnipeds (seals, sea lions, and walrus),
and fissipeds (sea otter). Cetaceans and pinnipeds are the subject of
the IHA application to NMFS. Walrus sightings are rare in the GOA. Sea
otters generally inhabit nearshore areas inside the 40 m (131.2 ft)
depth contour (Riedman and Estes, 1990) and likely would not be
encountered in the deep, offshore waters of the study area. The sea
otter and Pacific walrus are two marine mammal species mentioned in
this document that are managed by the U.S. Fish and Wildlife Service
(USFWS) and are not considered further in this analysis; all others are
managed by NMFS. Coastal cetacean species (gray whales, beluga whales,
and harbor porpoises) and pinniped species (California sea lions and
harbor seals) likely would not be encountered in the deep, offshore
waters of the survey area.
Table 1 presents information on the abundance, distribution,
population status, conservation status, and density of the marine
mammals that may occur in the survey area during June, 2011.
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BILLING CODE 3510-22-C
Refer to Section III of USGS's application for detailed information
regarding the abundance and distribution, population status, and life
history and behavior of these species and their occurrence in the
project area. The application also presents how USGS calculated the
estimated densities for the marine mammals in the survey area. NMFS has
reviewed these data and determined them to be the best available
scientific information for the purposes of the IHA.
Potential Effects on Marine Mammals
Acoustic stimuli generated by the operation of the airguns, which
introduce sound into the marine environment, may have the potential to
cause Level B harassment of marine mammals in the survey area. The
effects of sounds from airgun operations might include one or more of
the following: tolerance, masking of natural sounds, behavioral
disturbance, temporary or permanent hearing impairment, or non-auditory
physical or physiological effects (Richardson et al., 1995; Gordon et
al., 2004; Nowacek et al., 2007; Southall et al., 2007).
Permanent hearing impairment, in the unlikely event that it
occurred, would constitute injury, but temporary threshold shift (TTS)
is not an injury (Southall et al., 2007). Although the possibility
cannot be entirely excluded, it is unlikely that the project would
result in any cases of temporary or permanent hearing impairment, or
any significant non-auditory physical or physiological effects. Based
on the available data and studies described here, some behavioral
disturbance is expected, but NMFS expects the disturbance to be
localized and short-term.
The notice of the proposed IHA (76 FR 18167, April 1, 2011)
included a discussion of the effects of sounds from airguns on
mysticetes, odontocetes, and pinnipeds including tolerance, masking,
behavioral disturbance, hearing impairment, and other non-auditory
physical effects. NMFS refers the reader to USGS's application, and EA
for additional information on the behavioral reactions (or lack
thereof) by all types of marine mammals to seismic vessels.
Anticipated Effects on Marine Mammal Habitat, Fish, and Invertebrates
NMFS included a detailed discussion of the potential effects of
this action on marine mammal habitat, including physiological and
behavioral effects on marine fish and invertebrates in the notice of
the proposed IHA (76 FR 18167, April 1, 2011). While NMFS anticipates
that the specified activity may result in marine mammals avoiding
certain areas due to temporary ensonification, this impact to habitat
is temporary and reversible which NMFS considered in further detail in
the notice of the proposed IHA (76 FR 18167, April 1, 2011) as
behavioral modification. The main impact associated with the activity
would be temporarily elevated noise levels and the associated direct
effects on marine mammals.
Recent work by Andre et al. (2011) purports to present the first
morphological and ultrastructural evidence of massive acoustic trauma
(i.e., permanent and substantial alterations of statocyst sensory hair
cells) in four cephalopod species subjected to low-frequency sound. The
cephalopods, primarily cuttlefish, were exposed to continuous 40 to 400
Hz sinusoidal wave sweeps (100% duty cycle and 1 s sweep period) for
two hours while captive in relatively small tanks (one 2,000 liter [L,
2 m \3\] and one 200 L [0.2 m \3\] tank). The received SPL was reported
as 1575 dB re 1 [micro]Pa, with peak levels at 175 dB re 1
[micro]Pa. As in the McCauley et al. (2003) paper on sensory hair cell
damage in pink snapper as a result of exposure to seismic sound, the
cephalopods were subjected to higher sound levels than they would be
under natural conditions, and they were
[[Page 33714]]
unable to swim away from the sound source.
Mitigation
In order to issue an ITA under section 101(a)(5)(D) of the MMPA,
NMFS must set forth the permissible methods of taking pursuant to such
activity, and other means of effecting the least practicable adverse
impact on such species or stock and its habitat, paying particular
attention to rookeries, mating grounds, and areas of similar
significance, and the availability of such species or stock for taking
for certain subsistence uses.
USGS has based the mitigation measures described herein, to be
implemented for the seismic survey, on the following:
(1) Protocols used during previous USGS and L-DEO seismic research
cruises as approved by NMFS;
(2) Previous IHA applications and IHAs approved and authorized by
NMFS; and
(3) Recommended best practices in Richardson et al. (1995), Pierson
et al. (1998), and Weir and Dolman, (2007).
To reduce the potential for disturbance from acoustic stimuli
associated with the activities, USGS and/or its designees will
implement the following mitigation measures for marine mammals:
(1) EZs;
(2) Power-down procedures;
(3) Shut-down procedures;
(4) Ramp-up procedures; and
(5) Special procedures for situations and species of concern.
Planning Phase--In designing the seismic survey, USGS has
considered potential environmental impacts including seasonal,
biological, and weather factors; ship schedules; and equipment
availability. Part of the considerations was whether the research
objectives could be met with a smaller source; tests will be conducted
to determine whether the two-string sub-array (3,300 in \3\) will be
satisfactory to accomplish the geophysical objectives. If so, the
smaller array will be used to minimize environmental impact. Also, the
array will be powered-down to a single airgun during turns, and the
array will be shut down during OBS deployment and retrieval.
EZs--Received sound levels have been determined by corrected
empirical measurements for the 36 airgun array, and an L-DEO model was
used to predict the EZs for the single 1900LL 40 in \3\ airgun, which
will be used during power-downs. Results were recently reported for
propagation measurements of pulses from the 36 airgun array in two
water depths (approximately 1,600 m and 50 m [5,249 to 164 ft]) in the
Gulf of Mexico (GOM) in 2007 to 2008 (Tolstoy et al., 2009). It would
be prudent to use the empirical values that resulted to determine EZs
for the airgun array. Results of the propagation measurements (Tolstoy
et al., 2009) showed that radii around the airguns for various received
levels varied with water depth. During the study, all survey effort
will take place in deep (greater than 1,000 m) water, so propagation in
shallow water is not relevant here. The depth of the array was
different in the GOM calibration study (6 m [19.7 ft]) than in the
survey (9 m); thus, correction factors have been applied to the
distances reported by Tolstoy et al. (2009). The correction factors
used were the ratios of the 160, 180, and 190 dB distances from the
modeled results for the 6,600 in \3\ airgun array towed at 6 m versus 9
m. Based on the propagation measurements and modeling, the distances
from the source where sound levels are predicted to be 190, 180, and
160 dB re 1 [micro]Pa (rms) were determined (see Table 1 above). The
180 and 190 dB radii are to 940 m and 400 m, respectively, as specified
by NMFS (2000); these levels were used to establish the EZs.
If the PSVO detects marine mammal(s) within or about to enter the
appropriate EZ, the airguns will be powered-down (or shut-down, if
necessary) immediately.
Table 2 summarizes the predicted distances at which sound levels
(160, 180, and 190 dB [rms]) are expected to be received from the 36
airgun array and a single airgun operating in deep water depths.
Table 2--Measured (Array) or Predicted (Single Airgun) Distances to Which Sound Levels >= 190, 180, and 160 dB
[Re: 1 [mu]Pa (rms) could be received in water depths >1,000 m during the survey in the central GOA, June 5 to
25, 2011]
----------------------------------------------------------------------------------------------------------------
Predicted RMS distances (m)
Source and volume Water depth --------------------------------------------------------
190 dB 180 dB 160 dB
----------------------------------------------------------------------------------------------------------------
Single Bolt airgun (40 in \3\)... Deep > 1,000 m...... 12 40 385
4 Strings 36 airguns (6,600 Deep > 1,000 m...... 400 940 3,850
in\3\).
----------------------------------------------------------------------------------------------------------------
Power-Down Procedures--A power-down involves decreasing the number
of airguns in use such that the radius of the 180 dB (or 190 dB) zone
is decreased to the extent that marine mammals are no longer in or
about to enter the EZ. A power-down of the airgun array can also occur
when the vessel is moving from one seismic line to another. During a
power-down for mitigation, USGS will operate one airgun. The continued
operation of one airgun is intended to alert marine mammals to the
presence of the seismic vessel in the area. In contrast, a shut-down
occurs when the Langseth suspends all airgun activity.
If the PSVO detects a marine mammal outside the EZ, but it is
likely to enter the EZ, USGS will power-down the airguns before the
animal is within the EZ. Likewise, if a mammal is already within the
EZ, when first detected USGS will power-down the airguns immediately.
During a power-down of the airgun array, USGS will also operate the 40
in\3\ airgun. If a marine mammal is detected within or near the smaller
EZ around that single airgun (Table 1), USGS will shut-down the airgun
(see next section).
Following a power-down, USGS will not resume airgun activity until
the marine mammal has cleared the EZ. USGS will consider the animal to
have cleared the EZ if:
A PSVO has visually observed the animal leave the EZ, or
A PSVO has not sighted the animal within the EZ for 15 min
for species with shorter dive durations (i.e., small odontocetes or
pinnipeds), or 30 min for species with longer dive durations (i.e.,
mysticetes and large odontocetes, including sperm, pygmy sperm, dwarf
sperm, killer, and beaked whales).
During airgun operations following a power-down (or shut-down)
whose duration has exceeded the time limits specified previously, USGS
will ramp-up the airgun array gradually (see Shut-down and Ramp-up
Procedures).
Shut-Down Procedures--USGS will shut down the operating airgun(s)
if a
[[Page 33715]]
marine mammal is seen within or approaching the EZ for the single
airgun. USGS will implement a shut-down:
(1) If an animal enters the EZ of the single airgun after USGS has
initiated a power-down; or
(2) If an animal is initially seen within the EZ of the single
airgun when more than one airgun (typically the full airgun array) is
operating.
USGS will not resume airgun activity until the marine mammal has
cleared the EZ, or until the PSVO is confident that the animal has left
the vicinity of the vessel. Criteria for judging that the animal has
cleared the EZ will be as described in the preceding section.
Ramp-Up Procedures--USGS will follow a ramp-up procedure when the
airgun array begins operating after a specified period without airgun
operations or when a power-down has exceeded that period. USGS proposes
that, for the present cruise, this period would be approximately eight
min. This period is based on the 180 dB radius (940 m) for the 36
airgun array towed at a depth of 9 m in relation to the minimum planned
speed of the Langseth while shooting (7.4 km/hr). USGS and L-DEO have
used similar periods (approximately 8 to 10 min) during previous L-DEO
surveys.
Ramp-up will begin with the smallest airgun in the array (40
in\3\). Airguns will be added in a sequence such that the source level
of the array will increase in steps not exceeding six dB per five min
period over a total duration of approximately 35 min. During ramp-up,
the PSOs will monitor the EZ, and if marine mammals are sighted, USGS
will implement a power-down or shut-down as though the full airgun
array were operational.
If the complete EZ has not been visible for at least 30 min prior
to the start of operations in either daylight or nighttime, USGS will
not commence the ramp-up unless at least one airgun (40 in\3\ or
similar) has been operating during the interruption of seismic survey
operations. Given these provisions, it is likely that the airgun array
will not be ramped-up from a complete shut-down at night or in thick
fog, because the outer part of the EZ for that array will not be
visible during those conditions. If one airgun has operated during a
power-down period, ramp-up to full power will be permissible at night
or in poor visibility, on the assumption that marine mammals will be
alerted to the approaching seismic vessel by the sounds from the single
airgun and could move away. USGS will not initiate a ramp-up of the
airguns if a marine mammal is sighted within or near the applicable EZs
during the day or close to the vessel at night.
Special Procedures for Situations and Species of Concern--USGS will
implement special mitigation procedures as follows:
The airguns will be shut-down immediately if ESA-listed
species for which no takes are being requested (i.e., North Pacific
right, sei, blue, and beluga whales) are sighted at any distance from
the vessel. Ramp-up will only begin if the whale has not been seen for
30 min.
Concentrations of humpback, fin, and/or killer whales will
be avoided if possible, and the array will be powered-down if
necessary. For purposes of this survey, a concentration or group of
whales will consist of three or more individuals visually sighted that
do not appear to be traveling (e.g., feeding, socializing, etc.).
NMFS has carefully evaluated the applicant's mitigation measures
and has considered a range of other measures in the context of ensuring
that NMFS prescribes the means of effecting the least practicable
adverse impact on the affected marine mammal species and stocks and
their habitat. NMFS's evaluation of potential measures included
consideration of the following factors in relation to one another:
(1) The manner in which, and the degree to which, the successful
implementation of the measure is expected to minimize adverse impacts
to marine mammals;
(2) The proven or likely efficacy of the specific measure to
minimize adverse impacts as planned; and
(3) The practicability of the measure for applicant implementation.
Based on NMFS's evaluation of the applicant's measures, as well as
other measures considered by NMFS or recommended by the public, NMFS
has determined that the mitigation measures provide the means of
effecting the least practicable adverse impacts on marine mammal
species or stocks and their habitat, paying particular attention to
rookeries, mating grounds, and areas of similar significance.
Monitoring and Reporting
In order to issue an ITA for an activity, section 101(a)(5)(D) of
the MMPA states that NMFS must set forth ``requirements pertaining to
the monitoring and reporting of such taking.'' The MMPA implementing
regulations at 50 CFR 216.104(a)(13) indicate that requests for IHAs
must include the suggested means of accomplishing the necessary
monitoring and reporting that will result in increased knowledge of the
species and of the level of taking or impacts on populations of marine
mammals that are expected to be present in the action area.
Monitoring
USGS would sponsor marine mammal monitoring during the present
project, in order to implement the mitigation measures that require
real-time monitoring, and to satisfy the anticipated monitoring
requirements of the IHA. USGS's Monitoring Plan is described below this
section. The monitoring work described here has been planned as a self-
contained project independent of any other related monitoring projects
that may be occurring simultaneously in the same regions. USGS is
prepared to discuss coordination of its monitoring program with any
related work that might be done by other groups insofar as this is
practical and desirable.
Vessel-Based Visual Monitoring
USGS's PSVOs will be based aboard the seismic source vessel and
will watch for marine mammals near the vessel during daytime airgun
operations and during any ramp-ups at night. PSVOs will also watch for
marine mammals near the seismic vessel for at least 30 min prior to the
start of airgun operations after an extended shut-down.
PSVOs will conduct observations during daytime periods when the
seismic system is not operating for comparison of sighting rates and
behavior with and without airgun operations and between acquisition
periods. Based on PSVO observations, the airguns will be powered-down
or shut-down when marine mammals are observed within or about to enter
a designated EZ.
During seismic operations in the central GOA, at least four PSOs
will be based aboard the Langseth. USGS will appoint the PSOs with
NMFS's concurrence. Observations will take place during ongoing daytime
operations and nighttime ramp-ups of the airguns. During the majority
of seismic operations, two PSVOs will be on duty from the observation
tower to monitor marine mammals near the seismic vessel. Use of two
simultaneous PSVOs will increase the effectiveness of detecting animals
near the source vessel. However, during meal times and bathroom breaks,
it is sometimes difficult to have two PSVOs on effort, but at least one
PSVO will be on duty. PSVO(s) will be on duty in shifts of duration no
longer than 4 hr.
Two PSVOs will also be on visual watch during all nighttime ramp-
ups of the seismic airguns. A third PSO (i.e., Protected Species
Acoustic Observer
[[Page 33716]]
[PSAO]) will monitor the PAM equipment 24 hours a day to detect
vocalizing marine mammals present in the action area. In summary, a
typical daytime cruise would have scheduled two PSVOs on duty from the
observation tower, and a third PSAO on PAM. Other crew will also be
instructed to assist in detecting marine mammals and implementing
mitigation requirements (if practical). Before the start of the seismic
survey, the crew will be given additional instruction on how to do so.
The Langseth is a suitable platform for marine mammal observations.
When stationed on the observation platform, the eye level will be
approximately 21.5 m (70.5 ft) above sea level, and the PSVO will have
a good view around the entire vessel. During daytime, the PSVOs will
scan the area around the vessel systematically with reticle binoculars
(e.g., 7 x 50 Fujinon), Big-eye binoculars (25 x 150), and with the
naked eye. During darkness, NVDs will be available (ITT F500 Series
Generation 3 binocular-image intensifier or equivalent), when required.
Laser range-finding binoculars (Leica LRF 1200 laser rangefinder or
equivalent) will be available to assist with distance estimation. Those
are useful in training observers to estimate distances visually, but
are generally not useful in measuring distances to animals directly;
that is done primarily with the reticles in the binoculars.
When marine mammals are detected within or about to enter the
designated EZ, the airguns will immediately be powered-down or shut-
down if necessary. The PSVO(s) will continue to maintain watch to
determine when the animal(s) are outside the EZ by visual confirmation.
Airgun operations will not resume until the animal is confirmed to have
left the EZ, or if not observed after 15 min for species with shorter
dive durations (small odontocetes and pinnipeds) or 30 min for species
with longer dive durations (mysticetes and large odontocetes, including
sperm, killer, and beaked whales).
PAM
PAM will complement the visual monitoring program, when
practicable. Visual monitoring typically is not effective during
periods of poor visibility or at night, and even with good visibility,
is unable to detect marine mammals when they are below the surface or
beyond visual range.
Besides the three PSVOs, an additional PSAO with primary
responsibility for PAM will also be aboard the vessel. USGS can use
acoustic monitoring in addition to visual observations to improve
detection, identification, and localization of cetaceans. The acoustic
monitoring will serve to alert visual observers (if on duty) when
vocalizing cetaceans are detected. It is only useful when marine
mammals call, but it can be effective either by day or by night, and
does not depend on good visibility. It will be monitored in real time
so that the PSVOs can be advised when cetaceans are detected. When
bearings (primary and mirror-image) to calling cetacean(s) are
determined, the bearings will be relayed to the visual observer to help
him/her sight the calling animal(s).
The PAM system consists of hardware (i.e., hydrophones) and
software. The ``wet end'' of the system consists of a towed hydrophone
array that is connected to the vessel by a cable. The array will be
deployed from a winch located on the back deck. A deck cable will
connect from the winch to the main computer laboratory where the
acoustic station and signal conditioning and processing system will be
located. The digitized signal and PAM system is monitored by PSAOs at a
station in the main laboratory. The lead in from the hydrophone array
is approximately 400 m (1,312 ft) long, the active section of the array
is approximately 56 m (184 ft) long, and the hydrophone array is
typically towed at depths of less than 20 m (66 ft).
Ideally, the PSAO will monitor the towed hydrophones 24 hr per day
at the seismic survey area during airgun operations, and during most
periods when the Langseth is underway while the airguns are not
operating. However, PAM may not be possible if damage occurs to both
the primary and back-up hydrophone arrays during operations. The
primary PAM streamer on the Langseth is a digital hydrophone streamer.
Should the digital streamer fail, back-up systems should include an
analog spare streamer and a hull-mounted hydrophone. Every effort would
be made to have a working PAM system during the cruise. In the unlikely
event that all three of these systems were to fail, USGS would continue
science acquisition with the visual-based observer program. The PAM
system is a supplementary enhancement to the visual monitoring program.
If weather conditions were to prevent the use of PAM then conditions
would also likely prevent the use of the airgun array.
One PSAO will monitor the acoustic detection system at any one
time, by listening to the signals from two channels via headphones and/
or speakers and watching the real-time spectrographic display for
frequency ranges produced by cetaceans. PSAOs monitoring the acoustical
data will be on shift for one to six hours at a time. Besides the PSVO,
an additional PSAO with primary responsibility for PAM will also be
aboard the source vessel. All PSVOs are expected to rotate through the
PAM position, although the most experienced with acoustics will be on
PAM duty more frequently.
When a vocalization is detected while visual observations are in
progress, the PSAO will contact the PSVO immediately, to alert him/her
to the presence of cetaceans (if they have not already been seen), and
to allow a power-down or shut-down to be initiated, if required. The
information regarding the call will be entered into a database. Data
entry will include an acoustic encounter identification number, whether
it was linked with a visual sighting, date, time when first and last
heard and whenever any additional information was recorded, position
and water depth when first detected, bearing if determinable, species
or species group (e.g., unidentified dolphin, sperm whale), types and
nature of sounds heard (e.g., clicks, continuous, sporadic, whistles,
creaks, burst pulses, strength of signal, etc.), and any other notable
information. The acoustic detection can also be recorded for further
analysis.
PSVO Data and Documentation
PSVOs will record data to estimate the numbers of marine mammals
exposed to various received sound levels and to document apparent
disturbance reactions or lack thereof. Data will be used to estimate
numbers of animals potentially ``taken'' by harassment (as defined in
the MMPA). They will also provide information needed to order a power-
down or shut-down of the airguns when a marine mammal is within or near
the EZ. Observations will also be made during daytime periods when the
Langseth is underway without seismic operations. In addition to
transits to, from, and through the study area, there will also be
opportunities to collect baseline biological data during the deployment
and recovery of OBSs.
When a sighting is made, the following information about the
sighting will be recorded:
1. Species, group size, age/size/sex categories (if determinable),
behavior when first sighted and after initial sighting, heading (if
consistent), bearing and distance from seismic vessel, sighting cue,
apparent reaction to the airguns or vessel (e.g., none, avoidance,
[[Page 33717]]
approach, paralleling, etc.), and behavioral pace.
2. Time, location, heading, speed, activity of the vessel, sea
state, visibility, and sun glare.
The data listed under (2) will also be recorded at the start and
end of each observation watch, and during a watch whenever there is a
change in one or more of the variables.
All observations and power-downs or shut-downs will be recorded in
a standardized format. Data will be entered into an electronic
database. The accuracy of the data entry will be verified by
computerized data validity checks as the data are entered and by
subsequent manual checking of the database. These procedures will allow
initial summaries of data to be prepared during and shortly after the
field program, and will facilitate transfer of the data to statistical,
graphical, and other programs for further processing and archiving.
Results from the vessel-based observations will provide:
1. The basis for real-time mitigation (airgun power-down or shut-
down).
2. Information needed to estimate the number of marine mammals
potentially taken by harassment, which must be reported to NMFS.
3. Data on the occurrence, distribution, and activities of marine
mammals in the area where the seismic study is conducted.
4. Information to compare the distance and distribution of marine
mammals relative to the source vessel at times with and without seismic
activity.
5. Data on the behavior and movement patterns of marine mammals
seen at times with and without seismic activity.
USGS will submit a report to NMFS and NSF within 90 days after the
end of the cruise. The report will describe the operations that were
conducted and sightings of marine mammals near the operations. The
report will provide full documentation of methods, results, and
interpretation pertaining to all monitoring. The 90-day report will
summarize the dates and locations of seismic operations, and all marine
mammal sightings (dates, times, locations, activities, associated
seismic survey activities). The report will also include estimates of
the number and nature of exposures that could result in ``takes'' of
marine mammals by harassment or in other ways.
In the unanticipated event that the specified activity clearly
causes the take of a marine mammal in a manner prohibited by this IHA,
such as an injury (Level A harassment), serious injury or mortality
(e.g., ship-strike, gear interaction, and/or entanglement), USGS will
immediately cease the specified activities and immediately report the
incident to the Chief of the Permits, Conservation, and Education
Division, Office of Protected Resources, NMFS, at 301-713-2289 and/or
by e-mail to [email protected] and [email protected], and
the Alaska Regional Stranding Coordinators ([email protected] and
[email protected]). The report must include the following
information:
Time, date, and location (latitude/longitude) of the
incident;
Name and type of vessel involved;
Vessel's speed during and leading up to the incident;
Description of the incident;
Status of all sound source use in the 24 hours preceding
the incident;
Water depth;
Environmental conditions (e.g., wind speed and direction,
Beaufort sea state, cloud cover, and visibility);
Description of all marine mammal observations in the 24
hours preceding the incident;
Species identification or description of the animal(s)
involved;
Fate of the animal(s); and
Photographs or video footage of the animal(s) (if
equipment is available).
Activities will not resume until NMFS is able to review the
circumstances of the prohibited take. NMFS will work with USGS to
determine what is necessary to minimize the likelihood of further
prohibited take and ensure MMPA compliance. USGS may not resume their
activities until notified by NMFS via letter or e-mail, or telephone.
In the event that USGS discovers an injured or dead marine mammal,
and the lead PSO determines that the cause of the injury or death is
unknown and the death is relatively recent (i.e., in less than a
moderate state of decomposition as described in the next paragraph),
USGS will immediately report the incident to the Chief of the Permits,
Conservation, and Education Division, Office of Protected Resources,
NMFS, at 301-713-2289, and/or by e-mail to [email protected] and
[email protected], and the NMFS Alaska Stranding Hotline (1-
877-925-7773) and/or by e-mail to the Alaska Regional Stranding
Coordinators ([email protected] and [email protected]). The
report must include the same information identified in the paragraph
above. Activities may continue while NMFS reviews the circumstances of
the incident. NMFS will work with USGS to determine whether
modifications in the activities are appropriate.
In the event that USGS discovers an injured or dead marine mammal,
and the lead PSO determines that the injury or death is not associated
with or related to the activities authorized in the IHA (e.g.,
previously wounded animal, carcass with moderate to advanced
decomposition, or scavenger damage), USGS will report the incident to
the Chief of the Permits, Conservation, and Education Division, Office
of Protected Resources, NMFS, at 301-713-2289, and/or by e-mail to
[email protected] and [email protected], and the NMFS
Alaska Stranding Hotline (1-877-925-7773) and/or by e-mail to the
Alaska Regional Stranding Coordinators ([email protected] and
[email protected]), within 24 hours of the discovery. USGS will
provide photographs or video footage (if available) or other
documentation of the stranded animal sighting to NMFS and the Marine
Mammal Stranding Network.
Estimated Take by Incidental Harassment
Except with respect to certain activities not pertinent here, the
MMPA defines ``harassment'' as:
any act of pursuit, torment, or annoyance which (i) has the
potential to injure a marine mammal or marine mammal stock in the
wild [Level A harassment]; or (ii) has the potential to disturb a
marine mammal or marine mammal stock in the wild by causing
disruption of behavioral patterns, including, but not limited to,
migration, breathing, nursing, breeding, feeding, or sheltering
[Level B harassment].
Only take by Level B harassment is anticipated and authorized as a
result of the marine seismic survey in the central GOA. Acoustic
stimuli (i.e., increased underwater sound) generated during the
operation of the seismic airgun array may have the potential to cause
marine mammals in the survey area to be exposed to sounds at or greater
than 160 dB or cause temporary, short-term changes in behavior. There
is no evidence that the planned activities could result in injury,
serious injury, or mortality within the specified geographic area for
which NMFS has issued the IHA. Take by injury, serious injury, or
mortality is thus neither anticipated nor authorized. NMFS has
determined that the required mitigation and monitoring measures will
minimize any potential risk for injury, serious injury, or mortality.
The following sections describe USGS's methods to estimate take by
incidental harassment and present the applicant's estimates of the
numbers of marine mammals that could be affected during the seismic
program. The
[[Page 33718]]
estimates are based on a consideration of the number of marine mammals
that could be harassed by operations with the 36 airgun array to be
used during approximately 3,300 km (1,782 nmi) of survey lines in the
central GOA.
USGS assumes that, during simultaneous operations of the airgun
array and the other sources, any marine mammals close enough to be
affected by the MBES and SBP would already be affected by the airguns.
However, whether or not the airguns are operating simultaneously with
the other sources, marine mammals are expected to exhibit no more than
short-term and inconsequential responses to the MBES and SBP given
their characteristics (e.g., narrow, downward-directed beam) and other
considerations described previously. Such reactions are not considered
to constitute ``taking'' (NMFS, 2001). Therefore, USGS provides no
additional allowance for animals that could be affected by sound
sources other than airguns.
There are several sources of systematic data on the numbers and
distributions of marine mammals in the coastal and nearshore areas of
the GOA, but there are fewer data for offshore areas. Vessel-based
surveys in the northern and western GOA from the Kenai Peninsula to the
central Aleutian Islands during July to August, 2001 to 2003 (Zerbini
et al., 2003, 2006, 2007) and in the northern and western GOA from
Prince William Sound to approximately 160[deg] West off the Alaska
Peninsula during June 26 to July 15, 2003 (Waite, 2003) were confined
to waters less than 1,000 m deep, and most effort was in depths less
than 100 m. Similarly, Dahlheim et al. (2000) conducted aerial surveys
of the nearshore waters from Bristol Bay to Dixon Entrance for harbor
porpoises during 1993, and Dahlheim and Towell (1994) conducted vessel-
based surveys of Pacific white-sided dolphins in the inland waterways
of southeast Alaska during April to May, June or July, and September to
early October of 1991 to 1993.
Deeper water was included in several surveys. In a report on a
seismic cruise in southeast Alaska from Dixon Entrance to Kodiak Island
during August to September, 2004, MacLean and Koski (2005) included
density estimates of cetaceans and pinnipeds for each of three depth
ranges (less than 100 m, 100 to 1,000 m, and greater than 1,000 m)
during non-seismic periods. Hauser and Holst (2009) reported density
estimates during non-seismic periods for all marine mammals sighted
during a September to early October seismic cruise in southeast Alaska
for each of the same three depth ranges as MacLean and Koski (2005).
Rone et al. (2010) conducted surveys of nearshore and offshore strata
in the GOA during April, 2009, with much of their survey effort in
water depths greater than 1,000 m. The Department of the Navy (DON,
2009) estimated densities of several species of marine mammals in the
offshore GOA based on surveys by other researchers.
Table 2 (Table 3 of the IHA application) gives the estimated
average (best) and maximum densities of marine mammals expected to
occur in the deep, offshore waters of the survey area. USGS used the
densities reported by MacLean and Koski (2005) and Hauser and Holst
(2009) for greater than 1,000 m, which were corrected for both
trackline detection probability and availability biases. USGS
calculated density estimates from effort and sightings in water depths
greater than 1,000 m in Rone et al. (2010) for humpback, fin, and
killer whales and Dall's porpoise, and in 500 to 1,000 m depths of
Waite (2003) for Cuvier's and Baird's beaked whales, using values for
[fnof](0) and g(0) from Barlow and Forney (2007). Finally, USGS used
seasonal densities for pinnipeds from DON (2009), which were based on
counts at haul-out sites and biological (mostly breeding) information
to estimate in-water densities.
There is some uncertainty about the representativeness of the data
and the assumptions used in the calculations below for two main
reasons: (1) the surveys from which densities were derived were at
different times of year: April (Rone et al., 2010), June to July
(Waite, 2003), August to September (MacLean and Koski, 2005), and
September to October (Hauser and Holst, 2009); and (2) the MacLean and
Koski (2005) and Hauser and Holst (2009) surveys were conducted
primarily in southeast Alaska (east of the study area). However, the
approach used here is believed to be the best available approach.
Also, to provide some allowance for these uncertainties, ``maximum
estimates'' as well as ``best estimates'' of the densities present and
numbers potentially affected have been derived. Best estimates of
cetacean density are effort-weighted mean densities from the various
surveys, whereas maximum estimates of density come from the individual
survey that provided the highest density. For marine mammals where only
one density estimate was available, the maximum is 1.5 times the best
estimate.
For one species, the Dall's porpoise, density estimates in the
original reports are much higher than densities expected during the
survey, because this porpoise is attracted to vessels. USGS estimates
for Dall's porpoises are from vessel-based surveys without seismic
activity; they are overestimates possibly by a factor of 5 times, given
the tendency of this species to approach vessels (Turnock and Quinn,
1991). Noise from the airgun array during the survey is expected to at
least reduce and possibly eliminate the tendency of this porpoise to
approach the vessel. Dall's porpoises are tolerant of small airgun
sources (MacLean and Koski, 2005) and tolerated higher sound levels
than other species during a large-array survey (Bain and Williams,
2006); however, they did respond to that and another large airgun array
by moving away (Calambokidis and Osmek, 1998; Bain and Williams, 2006).
Because of the probable overestimates, the best and maximum estimates
for Dall's porpoises shown in Table 2 (Table 3 of the IHA application)
are one-quarter of the reported densities. In fact, actual densities
are probably slightly lower than that.
USGS's estimates of exposures to various sound levels assume that
the surveys will be fully completed including the contingency line; in
fact, the ensonified areas calculated using the planned number of line-
km have been increased by 25% to accommodate lines that may need to be
repeated, equipment testing, etc. As is typical during offshore ship
surveys, inclement weather and equipment malfunctions are likely to
cause delays and may limit the number of useful line-kilometers of
seismic operations that can be undertaken. Furthermore, any marine
mammal sightings within or near the designated EZs will result in the
power-down or shut-down of seismic operations as a mitigation measure.
Thus, the following estimates of the numbers of marine mammals
potentially exposed to sound levels of 160 dB re 1 [mu]Pa (rms) are
precautionary and probably overestimate the actual numbers of marine
mammals that might be involved. These estimates also assume that there
will be no weather, equipment, or mitigation delays, which is highly
unlikely.
USGS estimated the number of different individuals that may be
exposed to airgun sounds with received levels greater than or equal to
160 dB re 1 [mu]Pa (rms) on one or more occasions by considering the
total marine area that would be within the 160 dB radius around the
operating airgun array on at least one occasion and the expected
density of marine mammals. The number of possible exposures (including
repeated exposures of the
[[Page 33719]]
same individuals) can be estimated by considering the total marine area
that would be within the 160 dB radius around the operating airguns,
including areas of overlap. In the survey, the seismic lines are widely
spaced in the survey area, so few individual marine mammals would be
exposed more than once during the survey. The area including overlap is
only 1.13 times the area excluding overlap. Moreover, it is unlikely
that a particular animal would stay in the area during the entire
survey. The number of different individuals potentially exposed to
received levels greater than or equal to 160 re 1 [mu]Pa was calculated
by multiplying:
(1) The expected species density, either ``mean'' (i.e., best
estimate) or ``maximum'', times
(2) The anticipated area to be ensonified to that level during
airgun operations excluding overlap.
The area expected to be ensonified was determined by entering the
planned survey lines into a MapInfo GIS, using the GIS to identify the
relevant areas by ``drawing'' the applicable 160 dB buffer (see Table 1
of the IHA application) around each seismic line, and then calculating
the total area within the buffers. Areas of overlap (because of lines
being closer together than the 160 dB radius) were limited and included
only once when estimating the number of individuals exposed. Before
calculating numbers of individuals exposed, the areas were increased by
25% as a precautionary measure.
Table 2 (Table 4 of the IHA application) shows the best and maximum
estimates of the number of different individual marine mammals that
potentially could be exposed to greater than or equal to 160 dB re 1
[mu]Pa (rms) during the seismic survey if no animals moved away from
the survey vessel. The requested take authorization, given in Table 3
(the far right column of Table 4 of the IHA application), is based on
the maximum estimates rather than the best estimates of the numbers of
individuals exposed, because of uncertainties about the
representativeness of the density data discussed previously. For
cetacean species not listed under the ESA that could occur in the study
area but were not sighted in the surveys from which density estimates
were calculated--Pacific white-sided dolphins, Risso's dolphins, short-
finned pilot whales, and Stejneger's beaked whales--the average group
size has been used to request take authorization. For ESA-listed
cetacean species unlikely to be encountered during the study (i.e.,
North Pacific right, sei, and blue whales), the requested takes are
zero.
Applying the approach described above, approximately 20,933 km \2\
(6,103.1 nmi \2\) (approximately 26,166 km \2\ [7,628.8 nmi \2\]
including the 25% contingency) would be within the 160 dB isopleths on
one or more occasions during the survey, assuming that the contingency
line is completed. Because this approach does not allow for turnover in
the marine mammal populations in the study area during the course of
the survey, the actual number of individuals exposed could be
underestimated in some cases. However, the approach assumes that no
cetaceans will move away from or toward the trackline as the Langseth
approaches in response to increasing sound levels prior to the time the
levels reach 160 dB, which will result in overestimates for those
species known to avoid seismic vessels.
The ``best estimate'' of the number of individual cetaceans that
could be exposed to seismic sounds with greater than or equal to 160 dB
re 1 [mu]Pa (rms) during the survey is 973 (see Table 4 of the IHA
application). That total includes 68 humpback, 76 fin, 10 sperm, 37
Cuvier's beaked, 11 Baird's beaked, and 99 killer whales, which would
represent 0.3%, 0.5%, less than 0.1%, 0.2%, 0.2%, and 1.2% of the
regional populations, respectively. Dall's porpoises are expected to be
the most common species in the study area; the best estimate of the
number of Dall's porpoises that could be exposed is 672 or less than
0.1% of the regional population. This may be a slight overestimate
because the estimated densities are slight overestimates. Estimates for
other species are lower. The ``maximum estimates'' total 2,539
cetaceans. ``Best estimates'' of 256 Steller sea lions and 2,771
northern fur seals could be exposed to airgun sounds with received
levels greater than or equal to 160 dB re 1 [mu]Pa (rms). These
estimates represent 0.6% of the Steller sea lion regional population
and less than 0.1% of the northern fur seal regional population. The
estimated numbers of pinnipeds that could be exposed to received levels
greater than or equal to 160 dB re 1 [mu]Pa (rms) are probably
overestimates of the actual numbers that will be affected. During the
June survey period, the Steller sea lion is in its breeding season,
with males staying on land and females with pups generally staying
close to the rookeries in shallow water. Male northern fur seals are at
their rookeries in June, and adult females are either there or
migrating there, possibly through the survey area. No take has been
requested for North Pacific right, minke, sei, and blue whales, beluga
whales, harbor porpoises, Northern elephant and harbor seals, and
California sea lions.
Table 3--Estimates of the Possible Numbers of Marine Mammals Exposed to Different Sound Levels >=160 dB During
USGS's Seismic Survey in the Central GOA During June, 2011
----------------------------------------------------------------------------------------------------------------
Estimated No. of individuals exposed
to sound levels Approximate
-------------------------------------- percent of
Species [gteqt]160 dB re [gteqt]160 dB re Take authorized regional
1 [mu]Pa (Best 1 [mu]Pa population \2\
\1\) (Maximum \1\) (Best)
----------------------------------------------------------------------------------------------------------------
Mysticetes:
North Pacific right whale....... 0 0 0 0
Gray whale...................... NA NA NA NA
Humpback whale.................. 68 171 68 0.3
Minke whale..................... 0 0 0 0
Sei whale....................... 0 0 0 0
Fin whale....................... 76 272 76 0.47
Blue whale...................... 0 0 0 0
Physeteridae:
Sperm whale..................... 10 44 10 <0.1
Ziphidae:
Cuvier's beaked whale........... 37 47 37 0.2
Baird's beaked whale............ 11 16 11 0.2
Stejneger's beaked whale........ 0 0 15 0
[[Page 33720]]
Delphinidae:
Beluga whale.................... NA NA NA NA
Pacific white-sided dolphin..... 0 0 90 NA
Risso's dolphin................. 0 0 33 NA
Killer whale.................... 99 354 99 1.17
Short-finned pilot whale........ 0 0 50 NA
Phocoenidae:
Harbor porpoise................. NA NA NA NA
Dall's porpoise................. 672 1,635 672 <0.1
Pinnipeds:
Northern fur seal............... 2,771 4,157 2,771 <0.1
Steller sea lion................ 256 385 256 0.6
California sea lion............. NA NA NA NA
Harbor seal..................... NA NA NA NA
Northern elephant seal.......... 0 0 0 0
----------------------------------------------------------------------------------------------------------------
[sup1] Best and maximum estimates are based on densities from Table 3 and ensonified areas (including 25%
contingency) of 26,166.25 km \2\ for 160 dB.
[sup2] Regional population size estimates are from Table 2 (see Table 2 of the IHA application); NA means not
available.
Encouraging and Coordinating Research
USGS will coordinate the planned marine mammal monitoring program
associated with the seismic survey in the central GOA with other
parties that may have an interest in the area and/or be conducting
marine mammal studies in the same region during the seismic survey.
USGS will coordinate with applicable U.S. agencies (e.g., NMFS), and
will comply with their requirements.
Negligible Impact and Small Numbers Analysis and Determination
NMFS has defined ``negligible impact'' in 50 CFR 216.103 as ``* * *
an impact resulting from the specified activity that cannot be
reasonably expected to, and is not reasonably likely to, adversely
affect the species or stock through effects on annual rates of
recruitment or survival.'' In making a negligible impact determination,
NMFS evaluated factors such as:
(1) The number of anticipated injuries, serious injuries, or
mortalities;
(2) The number, nature, intensity, and duration of Level B
harassment (all relatively limited); and
(3) The context in which the takes occur (i.e., impacts to areas of
significance, impacts to local populations, and cumulative impacts when
taking into account successive/contemporaneous actions when added to
baseline data);
(4) The status of stock or species of marine mammals (i.e.,
depleted, not depleted, decreasing, increasing, stable, and impact
relative to the size of the population);
(5) Impacts on habitat affecting rates of recruitment or survival;
and
(6) The effectiveness of monitoring and mitigation measures (i.e.,
the manner and degree in which the measure is likely to reduce adverse
impacts to marine mammals, the likely effectiveness of measures, and
the practicability of implementation).
For reasons stated previously in this document, and in the proposed
notice of an IHA (76 FR 18167, April 1, 2011), the specified activities
associated with the marine seismic survey are not likely to cause PTS,
or other non-auditory injury, serious injury, or death because:
(1) The likelihood that, given sufficient notice through relatively
slow ship speed, marine mammals are expected to move away from a noise
source that is annoying prior to its becoming potentially injurious;
(2) The potential for temporary or permanent hearing impairment is
very low and would likely be avoided through the incorporation of the
monitoring and mitigation measures;
(3) The fact that pinnipeds and cetaceans would have to be closer
than 400 m (1,312.3 ft) and 940 m (3,084 ft) in deep water when the 36
airgun array and 12 m (39.4 ft) and 40 m (131.2 ft) when the single
airgun is in use at 9 m (29.5 ft) tow depth from the vessel to be
exposed to levels of sound believed to have even a minimal chance of
causing permanent threshold shift; and
(4) The likelihood that marine mammal detection ability by trained
PSOs is high at close proximity to the vessel.
No injuries, serious injuries, or mortalities are anticipated to
occur as a result of the USGS's planned marine seismic survey, and none
are authorized. Only short-term behavioral disturbance is anticipated
to occur due to the brief and sporadic duration of the survey
activities. Due to the nature, degree, and context of behavioral
harassment anticipated, the activity is not expected to impact rates of
recruitment or survival for any affected species or stock.
As mentioned previously, NMFS estimates that nine species of marine
mammals under its jurisdiction could be potentially affected by Level B
harassment over the course of the IHA. For each species, these numbers
are small (each, one percent or less) relative to the population size.
NMFS has determined, provided that the aforementioned mitigation and
monitoring measures are implemented, that the impact of conducting a
marine seismic survey in the central GOA, June 2011, may result, at
worst, in a temporary modification in behavior and/or low-level
physiological effects (Level B harassment) of small numbers of certain
species of marine mammals.
While behavioral modifications, including temporarily vacating the
area during the operation of the airgun(s), may be made by these
species to avoid the resultant acoustic disturbance, the availability
of alternate areas within these areas and the short and sporadic
duration of the research activities, have led NMFS to determine that
this action
[[Page 33721]]
will have a negligible impact on the species in the specified
geographic region.
Based on the analysis contained herein of the likely effects of the
specified activity on marine mammals and their habitat, and taking into
consideration the implementation of the mitigation and monitoring
measures, NMFS finds that USGS's planned research activities will
result in the incidental take of small numbers of marine mammals, by
Level B harassment only, and that the total taking from the marine
seismic survey will have a negligible impact on the affected species or
stocks of marine mammals; and that impacts to affected species or
stocks of marine mammals have been mitigated to the lowest level
practicable.
Impact on Availability of Affected Species or Stock for Taking for
Subsistence Uses
Section 101(a)(5)(D) also requires NMFS to determine that the
authorization will not have an unmitigable adverse effect on the
availability of marine mammal species or stocks for subsistence use.
There are no relevant subsistence uses of marine mammals in the study
area (deep, offshore waters of the central GOA) that implicate MMPA
section 101(a)(5)(D).
Endangered Species Act
Of the species of marine mammals that may occur in the survey area,
several are listed as endangered under the ESA, including the North
Pacific right, humpback, sei, fin, blue, and sperm whales, as well as
the Cook Inlet DPS of beluga whales and the western stock of Steller
sea lions. The eastern stock of Steller sea lions is listed as
threatened, as is the southwest Alaska DPS of the sea otter. Under
section 7 of the ESA, USGS initiated formal consultation with the NMFS,
Office of Protected Resources, Endangered Species Division, on this
seismic survey. NMFS's Office of Protected Resources, Permits,
Conservation and Education Division, also initiated formal consultation
under section 7 of the ESA with NMFS's Office of Protected Resources,
Endangered Species Division, to obtain a Biological Opinion (BiOp)
evaluating the effects of issuing the IHA on threatened and endangered
marine mammals and, if appropriate, authorizing incidental take. In
June 2011, NMFS issued a BiOp and concluded that the action and
issuance of the IHA are not likely to jeopardize the continued
existence of the North Pacific right, humpback, sei, fin, blue, and
sperm whales, Cook Inlet DPS of beluga whales, and Steller sea lions.
The BiOp also concluded that designated critical habitat for these
species does not occur in the action area and would not be affected by
the survey. USGS must comply with the Relevant Terms and Conditions of
the Incidental Take Statement (ITS) corresponding to NMFS's BiOp issued
to both USGS and NMFS's Office of Protected Resources. USGS must also
comply with the mitigation and monitoring requirements included in the
IHA in order to be exempt under the ITS in the BiOp from the
prohibition on take of listed endangered marine mammal species
otherwise prohibited by section 9 of the ESA.
NEPA
With its complete application, USGS provided NMFS an EA analyzing
the direct, indirect, and cumulative environmental impacts of the
specified activities on marine mammals including those listed as
threatened or endangered under the ESA. The EA, prepared by LGL on
behalf of USGS, is entitled ``Environmental Assessment of a Marine
Geophysical Survey by the R/V Marcus G. Langseth in the central Gulf of
Alaska, June 2011.'' After NMFS reviewed and evaluated the USGS EA for
consistency with the regulations published by the Council of
Environmental Quality (CEQ) and NOAA Administrative Order 216-6,
Environmental Review Procedures for Implementing the National
Environmental Policy Act, NMFS adopted the USGS EA and issued a Finding
of No Significant Impact (FONSI).
Authorization
NMFS has issued an IHA to USGS for the take, by Level B harassment,
of small numbers of marine mammals incidental to conducting a marine
geophysical survey in the central GOA, June 2011, provided the
previously mentioned mitigation, monitoring, and reporting requirements
are incorporated.
Dated: June 3, 2011.
Helen M. Golde,
Deputy Director, Office of Protected Resources, National Marine
Fisheries Service.
[FR Doc. 2011-14331 Filed 6-8-11; 8:45 am]
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